Claim for Refund of Freight Charges

A company requested reconsideration of a decision which sustained the agency's action in disallowing a claim for refund of freight charges of $1,183.20. The agency contended that an item was subject to an "overflow provision" which provides the basis for rates to be applied when the freight tendered as one shipment cannot be loaded on one vehicle; the company contended that the item was not subject to the provision. The regulations define a vehicle for application of "a per vehicle used rate," and the carrier did not furnish a vehicle within that definition. The overflow provision of the regulation applied, and the agency's disallowance of the claim was sustained.